SB 520 — Curators of Estates

Florida Senate - 2025 CS for SB 520 By Senatorthe BurgessCommittee 23-00393-25on 2025520__Judiciary; A bill to be entitled An act relating to curators of estates;

and Senator Burgess 590-02591-25 2025520c1 A bill to be entitled An act relating to curators of estates;

733.501 Curators.— Page 1 of 54 CODING:

Florida Senate - 2025 CS for SB 520 23-00393-25590-02591-25 2025520__2025520c1 (1) APPOINTMENT OF A CURATOR.— (a) When it is necessary, The court may appoint a curator at any time with notice to interested persons as the court deems appropriate after formal notice to the person apparently entitled to letters of administration.

(c) IfIn probateany hasother notproper beencase, initiatedthe withincourt 2may yearsappoint aftera thecurator datewhen ofdeemed thenecessary decedent’sto death,protect the courtinterest mustof appointthe aestate curatoror toa representdecedent’s theheirs. estate.

(d) In any other proper case, the court may appoint a curator when deemed necessary to protect the interests of the estate.

(e) The court may appoint a curator in unique circumstances not outlined in this section to ensure that the interests of the estate and its beneficiaries are adequately protected.

When a decedent dies leaving a will, and the personal Pagerepresentative 2named ofis 5absent CODING:or fails to qualify.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2025 SB 520 23-00393-25 2025520__ representative named is absent or fails to qualify.

When money, property, papers, or other portions of the estate are left exposed to injury, waste, theft, loss, or mismanagement and no other person administers such property in the estate.

5.

When a decedent dies intestate and his or her estate is located in the county, or is left in the county, and such estate is exposed to injury, waste, theft, loss, or mismanagement and the decedent does not leave a known spouse or heir in this state.

6.

When the estate is that of a minor whose parents are dead, or if living, refuse or neglect to qualify as a conservator, or having been qualified, have been removed, or who have been found incompetent to serve as a conservator, and who have no person appointed by law to take care of and manage the estate.

7.

When the estate is that of a disabled or incapacitated person in the county who has no legal guardian or conservator and has no person competent to take charge of such estate, or to act as such guardian or conservator, can be found who qualifies.

8.

(c)Page The2 curator shall act as trustee when appointed by the court Bond shall be required of the4 curatorCODING: as the court deems necessary.

No bond shall be required of banks and trust companies as curators.

Page 3 of 5 CODING:

Florida Senate - 2025 CS for SB 520 23-00393-25590-02591-25 2025520__2025520c1 (3)(c) BONDThe REQUIREMENTS.—Curatorscurator mustshall postact aas reasonabletrustee bond,when toappointed by the court Bond shall be determinedrequired byof the court.curator as the court deems necessary.

No bond shall be required of banks and trust companies as curators.

(3) BOND REQUIREMENTS.—Curators must post a reasonable bond, to be determined by the court.

90.5021Page Fiduciary3 lawyer-client privilege.— (1) For the purpose of this4 section,CODING: a client acts as a fiduciary when serving as a personal representative or a trustee as defined in ss.

731.201 and 736.0103, an administrator ad Page 4 of 5 CODING:

Florida Senate - 2025 CS for SB 520 23-00393-25590-02591-25 2025520__2025520c1 litem90.5021 Fiduciary lawyer-client privilege.— (1) For the purpose of this section, a client acts as describeda fiduciary when serving as a personal representative or a trustee as defined in s.ss.

731.201 and 736.0103, an administrator ad litem as described in s.

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